| Defence right is a very important part involved in the law of each country.To some extent it influences and possibly decides the value orientation of legitimate defence system and is always the focus argued about in the substangive law.This article shows that defence right -a legal right in essence in history,rules out the possibilities of harming societuy objectively,holds the characteristic of legitimacy subjectively,and most of all it is limited by the law.Thus defence right is the one of legal nature.From its reflected forms and social applications,it is an effective supplement to the penalty right under the special condition not being equal to the illegal punishment.Its possession should be definitely empowered by the law.Its implementation is surely for protecting the basic interests of society and legitinate rights of most citizens more effectively and promptly.However it should be limited for its involving the sensitive problems such as human rights,freedom etc.lt is not only necessary in theory but urgent in practice for us to understand correctly and master the intension and extension of defence right.So we must make ,it clear that its establishment in the law is necessary but not absolute and it should be confined.0therwise,it is impossible to find the basis of its establishment in theory,value,policy and law. We should thoroughly criticize the viewpoint of absolutely infinite defence in theory,standardizing law terms and normalizing intension,extension and claims of implementing detailed rules of Article 20, Section 3 of the criminal law according to legislation and judicature.At the same time we should avoid ambiguity and abuse to the legal provision and resume the essence of defence right.Otherwise unnecessary confusion would be brought about. |
